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Smart Contracts Are Shifting Property Rights and Risk

In a forthcoming paper in the Yale Journal on Regulation, Stefan Bechtold, Giuseppe Dari-Mattiacci, Edoardo Martino, and Gideon Parchomovsky examine how smart contracts are transforming financial contracting by creating enforceable rights that bind third parties without the legal formalities property law has always required. This “property without law” phenomenon enhances financial efficiency while exposing the public to systemic risks beyond the reach of existing regulation.

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